Prabhawati Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16232 of 2015 Arising Out of PS.Case No. -2853 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Prabhawati Devi W/o Saryu Chaurasiya R/o Asahani, P.S. Rasulpur, District Saran at Chapra.

2. Santosh Chaurasiya S/o Saryu Chaurasiya R/o Ramgarh, P.S. Siswan, District Siwan.

.... .... Petitioners

Versus

1. The State of Bihar

2. Bikarma Tiwary S/o Late Rama Tiwary R/o Asahani, P.S. Rasulpur, District Saran at Chapra.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Tiwary For the Opposite Parties : Mr. Pradeep Narayan Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 420, 465, 504/506 of the Indian Penal Code. It is alleged that complainant purchased the land from Thangi Devi. Subsequently petitioner No. 1 being daughter of Thangi Devi got the sale deed executed in favour of someone and the petitioner No. 2 is the attesting witness of the sale deed.

It is submitted by learned counsel for the petitioners that petitioner No. 1 executed the sale deed with regard to her share of land in the year 2006 against which the

Patna High Court Cr.Misc. No.16232 of 2015 (2) dt.05-05-2015 2/2 present complaint has been filed in the year 2012. The complainant earlier filed a case before the Gram Kutchery being 47 of 2012 which was also dismissed.

Considering the nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Complaint Case No. 2853 of 2012, Trial No. 3899 of 2014/Tr No. 4878 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T